An Act to clarify and modify requirements related to the medical cannabis program.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34-20G-1 be AMENDED:
34-20G-1. Terms used in this chapter mean:
(1) "Allowable amount of cannabis,":
(a) Three ounces of cannabis or less;
(b) The quantity of cannabis products as established by rules promulgated by the department under 34-20G-72;
(c) If the cardholder has a registry identification card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering; and
(d) If the cardholder has a registry identification card allowing cultivation, the amount of cannabis and cannabis products that were produced from the cardholder's allowable plants, if the cannabis and cannabis products are possessed at the same property where the plants were cultivated;
(2) "Bona fide
practitioner-patient relationship," a treatment
or consulting
relationship between a practitioner and patient, during which:
(a) The practitioner completes, at the initial visit, an assessment of the patient's medical history and current medical condition, including an appropriate in-person physical examination;
(b) The patient is under the
practitioner's continuing
care for
the debilitating medical condition that qualifies the patient for the
medical use of cannabis
or has been referred to
the practitioner by
the
a
practitioner
caring
for the patient's debilitating medical condition that qualifies the
patient for the medical use of cannabis to another
practitionerproviding
the patient continuing care;
(c) The patient
has a reasonable expectation that the practitioner
providing
the
provides
written
certification
will continue to provide
that
the practitioner will assess the clinical status of the patient and
offer or recommend follow-up
care to the patient to monitor the patient's
medical use of
cannabis; and
(d) The relationship is not for
the sole purpose of providing a written certification for the medical
use of cannabis unless the patient has been referred by a
practitioner providing the
patient continuing care
for the debilitating medical condition that qualifies the patient for
the medical use of cannabis;
(3) "Cannabis products," any concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof, and are intended for use or consumption by humans. The term includes edible cannabis products, beverages, topical products, ointments, oils, and tinctures;
(4) "Cannabis product manufacturing facility," an entity registered with the department pursuant to this chapter that acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells cannabis products to a medical cannabis dispensary;
(5) "Cannabis testing facility" or "testing facility," an independent entity registered with the department pursuant to this chapter to analyze the safety and potency of cannabis;
(6) "Cardholder," a qualifying patient or a designated caregiver who has been issued and possesses a valid registry identification card;
(7) "Continuing care," a patient's ongoing course of treatment with a practitioner for a debilitating medical condition, during which the practitioner has completed a full assessment of the patient's medical history and current medical condition, an in-person physical examination, and at least one additional interaction with the patient regarding the debilitating medical condition by phone, virtually, or in person;
(7)(8) "Cultivation
facility," an entity registered with the department pursuant to
this chapter that acquires, possesses, cultivates, delivers,
transfers, transports, supplies, or sells cannabis and related
supplies to a medical cannabis establishment;
(8)(9) "Debilitating
medical condition,":
(a) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis; or
(b) Any other medical condition or its treatment added by the department, as provided for in 34-20G-26;
(9)(10) "Department,"
the Department of Health;
(10)(11) "Designated
caregiver," an individual who:
(a) Is at least twenty-one years of age;
(b) Has agreed to assist with a qualifying patient's medical use of cannabis;
(c) Has not been convicted of a disqualifying felony offense; and
(d) Assists no more than five qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in or are admitted to a health care facility, as defined in 34-12-1.1, an accredited prevention or treatment facility, as defined in 34-20A-2, a mental health center, as defined in 27A-1-1, a child welfare agency, as defined in 26-6-1, or a community support provider or community services provider, as defined in 27B-1-17, where the designated caregiver is employed;
(11)(12) "Disqualifying
felony offense," a violent crime that was classified as a felony
in the jurisdiction where the person was convicted;
(12)(13) "Edible
cannabis products," any product that:
(a) Contains or is infused with cannabis or an extract thereof;
(b) Is intended for human consumption by oral ingestion; and
(c) Is presented in the form of foodstuffs, beverages, extracts, oils, tinctures, or other similar products;
(13)(14) "Enclosed,
locked facility," any closet, room, greenhouse, building, or
other enclosed area that is equipped with locks or other security
devices that permit access only by a cardholder or a person allowed
to cultivate the plants. Two or more cardholders who reside in the
same dwelling may share one enclosed, locked facility for
cultivation;
(14)(15) "Flowering
cannabis plant," the reproductive state of the cannabis plant in
which the plant shows physical signs of flower budding out of the
nodes of the stem;
(15)(16) "Medical
cannabis" or "cannabis," marijuana as defined in
22-42-1;
(16)(17) "Medical
cannabis dispensary" or "dispensary," an entity
registered with the department pursuant to this chapter that
acquires, possesses, stores, delivers, transfers, transports, sells,
supplies, or dispenses cannabis, cannabis products, paraphernalia, or
related supplies and educational materials to cardholders;
(17)(18) "Medical
cannabis establishment," a cultivation facility, a cannabis
testing facility, a cannabis product manufacturing facility, or a
dispensary;
(18)(19) "Medical
cannabis establishment agent," an owner, officer, board member,
employee, or volunteer at a medical cannabis establishment;
(19)(20) "Medical
use," includes the acquisition, administration, cultivation,
manufacture, delivery, harvest, possession, preparation, transfer,
transportation, or use of cannabis or paraphernalia relating to the
administration of cannabis to treat or alleviate a registered
qualifying patient's debilitating medical condition or symptom
associated with the patient's debilitating medical condition. The
term does not include:
(a) The cultivation of cannabis by a nonresident cardholder;
(b) The cultivation of cannabis by a cardholder who is not designated as being allowed to cultivate on the cardholder's registry identification card; or
(c) The extraction of resin from cannabis by solvent extraction unless the extraction is done by a cannabis product manufacturing facility;
(20)(21) "Nonresident
cardholder," a person who:
(a) Has been diagnosed with a debilitating medical condition, or is the parent, guardian, conservator, or other person with authority to consent to the medical treatment of a person who has been diagnosed with a debilitating medical condition;
(b) Is not a resident of this state or who has been a resident of this state for fewer than forty-five days;
(c) Was issued a currently valid registry identification card or its equivalent by another state, district, territory, commonwealth, insular possession of the United States, or country recognized by the United States that allows the person to use cannabis for medical purposes in the jurisdiction of issuance; and
(d) Has submitted any documentation required by the department, and has received confirmation of registration;
(21)(22) "Practitioner,"
a physician, a
physician
assistant, or an
advanced
practice registered nurse, who is licensed with authority to
prescribe drugs to humans. In relation to a nonresident cardholder,
the term means a person who is licensed with authority to prescribe
drugs to humans in the state of the patient's residence;
(22)(23) "Qualifying
patient," a person who has been diagnosed by a practitioner as
having a debilitating medical condition;
(23)(24) "Registry
identification card," a document issued by the department that
identifies a person as a registered qualifying patient or registered
designated caregiver, or documentation that is deemed a registry
identification card pursuant to 34-20G-29
to 34-20G-42,
inclusive;
(24)(25) "Safety-sensitive
job," any position with tasks or duties that an employer
reasonably believes could:
(a) Cause the illness, injury, or death of an individual; or
(b) Result in serious property damage;
(26) "Secretary," the secretary of the Department of Health;
(25)(27) "Under
the influence of cannabis," any abnormal mental or physical
condition that tends to deprive a person of clearness of intellect
and control that the person would otherwise possess, as the result of
consuming any degree of cannabis or cannabis products; and
(26)(28) "Written
certification," a document dated and signed by a practitioner:
that meets the requirements of section 4 of this Act.
(a) Stating
that the patient has a qualifying debilitating medical condition or
symptom associated with the debilitating medical condition;
(b) Affirming
that the document is made in the course of a bona fide
practitioner-patient relationship;
(c) Specifying
the qualifying patient's debilitating medical condition; and
(d) Specifying
the expiration date of the qualifying patient's written
certification, pursuant to 34-20G-43.
Section 2. That chapter 34-20G be amended with a NEW SECTION:
Before a practitioner may issue any written certification, a practitioner must enroll with the department as a practitioner for purposes of the medical cannabis program.
Section 3. That chapter 34-20G be amended with a NEW SECTION:
Before issuing a written certification for a patient, a practitioner shall:
(1) Have an established bona fide practitioner-patient relationship with the patient; and
(2) Assess the patient's medical history and current medical condition as it relates to the use of medical cannabis, including an in-person physical examination of the patient appropriate to confirm the diagnosis of a debilitating medical condition and the establishment of a treatment plan for the patient.
A practitioner may not conduct the in-person physical examination required by subdivision 2 by telehealth, as defined in 34-52-1.
Section 4. That chapter 34-20G be amended with a NEW SECTION:
For a patient to qualify for the medical use of cannabis under this chapter, a written certification on behalf of the patient must be issued by a practitioner who meets the requirements of sec